HB 5071

1
A bill to be entitled
2An act relating to economic development; amending s.
3320.08058, F.S.; removing a timeframe restriction on the
4use of proceeds from the Professional Sports Development
5Trust Fund for operational expenses of the Florida Sports
6Foundation and financial support of the Sunshine State
7Games; amending s. 288.7102, F.S.; revising provisions
8relating to the application and certification process for
9the Black Business Loan Program; providing requirements
10concerning distribution of program funding; amending s.
11288.7094, F.S.; conforming a cross-reference; providing an
12effective date.
13
14Be It Enacted by the Legislature of the State of Florida:
15
16     Section 1.  Paragraph (b) of subsection (9) of section
17320.08058, Florida Statutes, is amended to read:
18     320.08058  Specialty license plates.--
19     (9)  FLORIDA PROFESSIONAL SPORTS TEAM LICENSE PLATES.--
20     (b)  The license plate annual use fees are to be annually
21distributed as follows:
22     1.  Fifty-five percent of the proceeds from the Florida
23Professional Sports Team plate must be deposited into the
24Professional Sports Development Trust Fund within the Office of
25Tourism, Trade, and Economic Development. These funds must be
26used solely to attract and support major sports events in this
27state. As used in this subparagraph, the term "major sports
28events" means, but is not limited to, championship or all-star
29contests of Major League Baseball, the National Basketball
30Association, the National Football League, the National Hockey
31League, the men's and women's National Collegiate Athletic
32Association Final Four basketball championship, or a horseracing
33or dogracing Breeders' Cup. All funds must be used to support
34and promote major sporting events, and the uses must be approved
35by the Florida Sports Foundation.
36     2.  The remaining proceeds of the Florida Professional
37Sports Team license plate must be allocated to the Florida
38Sports Foundation, a direct-support organization of the Office
39of Tourism, Trade, and Economic Development. These funds must be
40deposited into the Professional Sports Development Trust Fund
41within the Office of Tourism, Trade, and Economic Development.
42These funds must be used by the Florida Sports Foundation to
43promote the economic development of the sports industry; to
44distribute licensing and royalty fees to participating
45professional sports teams; to promote education programs in
46Florida schools that provide an awareness of the benefits of
47physical activity and nutrition standards; to partner with the
48Department of Education and the Department of Health to develop
49a program that recognizes schools whose students demonstrate
50excellent physical fitness or fitness improvement; to institute
51a grant program for communities bidding on minor sporting events
52that create an economic impact for the state; to distribute
53funds to Florida-based charities designated by the Florida
54Sports Foundation and the participating professional sports
55teams; and to fulfill the sports promotion responsibilities of
56the Office of Tourism, Trade, and Economic Development.
57     3.  The Florida Sports Foundation shall provide an annual
58financial audit in accordance with s. 215.981 of its financial
59accounts and records by an independent certified public
60accountant pursuant to the contract established by the Office of
61Tourism, Trade, and Economic Development as specified in s.
62288.1229(5). The auditor shall submit the audit report to the
63Office of Tourism, Trade, and Economic Development for review
64and approval. If the audit report is approved, the office shall
65certify the audit report to the Auditor General for review.
66     4.  For the 2007-2008 fiscal year only and Notwithstanding
67the provisions of subparagraphs 1. and 2., proceeds from the
68Professional Sports Development Trust Fund may also be used for
69operational expenses of the Florida Sports Foundation and
70financial support of the Sunshine State Games. This subparagraph
71expires July 1, 2008.
72     Section 2.  Section 288.7102, Florida Statutes, is amended
73to read:
74     288.7102  Black Business Loan Program.--
75     (1)  The Black Business Loan Program is established in the
76Office of Tourism, Trade, and Economic Development. Under the
77program, the office shall annually certify eligible recipients
78and subsequently disburse funds appropriated by the Legislature,
79through such eligible recipients, to black business enterprises
80that cannot obtain capital through conventional lending
81institutions but that could otherwise compete successfully in
82the private sector.
83     (2)(1)  The office shall establish an a uniform, open, and
84competitive application and annual certification process for
85entities seeking eligible recipients who seek funds to
86participate in providing provide loans, loan guarantees, or
87investments in black business enterprises pursuant to the
88Florida Black Business Investment Act. The board shall receive
89the applications and make recommendations for certification to
90the office. The office shall processes all applications and
91recertifications submitted by July 1 on or before September 30.
92     (3)  If the Black Business Loan Program is appropriated any
93funding in a fiscal year, the office shall distribute an equal
94amount of the appropriation, calculated as the total annual
95appropriation divided by the total number of program recipients
96certified on or before September 30 of that fiscal year.
97     (2)  The office, in consultation with the board, shall
98develop an allocation policy to ensure that services provided
99under ss. 288.707-288.714 for the benefit of black business
100enterprises are disbursed equitably throughout the state. The
101board shall facilitate the formation of black business
102investment corporations in communities that are not served by
103such corporations.
104     (4)(3)  To be eligible to receive funds and provide loans,
105loan guarantees, or investments under this section, a recipient
106must:
107     (a)  Be a corporation registered in the state.
108     (b)  Demonstrate that its board of directors includes
109citizens of the state experienced in the development of black
110business enterprises.
111     (c)  Demonstrate that the recipient has a business plan
112that allows the recipient to operate in a manner consistent with
113ss. 288.707-288.714 and the rules of the office.
114     (d)  Demonstrate that the recipient has the technical
115skills to analyze and evaluate applications by black business
116enterprises for loans, loan guarantees, or investments.
117     (e)  Demonstrate that the recipient has established viable
118partnerships with public and private funding sources, economic
119development agencies, and workforce development and job referral
120networks.
121     (f)  Demonstrate that the recipient can provide a private
122match equal to 20 percent of the amount of funds provided by the
123office.
124     (g)  Agree to maintain the recipient's books and records
125relating to funds received by the office according to generally
126accepted accounting principles and in accordance with the
127requirements of s. 215.97(7) and to make those books and records
128available to the office for inspection upon reasonable notice.
129     (5)(4)  The board shall annually recommend to the office
130certification of each eligible recipient, who must meet the
131provisions of ss. 288.707-288.714, the terms of the contract
132between the recipient and the office, and any other applicable
133state or federal laws. An entity may not receive funds under ss.
134288.707-288.714 unless the entity meets annual certification
135requirements.
136     (6)(5)  Upon approval by the office and prior to release of
137the funds as provided in this section, the office shall issue a
138letter certifying the applicant as qualified for an award. The
139office and the applicant shall enter into an agreement that sets
140forth the conditions for award of the funds. The agreement must
141include the total amount of funds awarded; the performance
142conditions that must be met once the funding has been awarded,
143including, but not limited to, compliance with all of the
144requirements of this section for eligible recipients of funds
145under this section; and sanctions for failure to meet
146performance conditions, including any provisions to recover
147awards.
148     (7)(6)(a)  The office, in consultation with the board,
149shall adopt rules pursuant to ss. 120.536(1) and 120.54 to
150implement this section.
151     (b)  The board shall adopt policies and procedures
152necessary to implement this section.
153     (8)(7)  A black business investment corporation certified
154by the office as an eligible recipient under this section is
155authorized to use funds appropriated for the Black Business Loan
156Program in any of the following forms:
157     (a)  Purchases of stock, preferred or common, voting or
158nonvoting; however, no more than 40 percent of the funds may be
159used for direct investments in black business enterprises;
160     (b)  Loans or loan guarantees, with or without recourse, in
161either a subordinated or priority position; or
162     (c)  Technical support to black business enterprises, not
163to exceed 7 percent of the funds received, and direct
164administrative costs, not to exceed 10 percent of the funds
165received.
166     (9)(8)  It is the intent of the Legislature that if any one
167type of investment mechanism authorized in subsection (8) (7) is
168held to be invalid, all other valid mechanisms remain available.
169     (10)(9)  All loans, loan guarantees, and investments, and
170any income related thereto, shall be used to carry out the
171public purpose of ss. 288.707-288.714, which is to develop black
172business enterprises. This subsection does not preclude a
173reasonable profit for the participating black business
174investment corporation or for return of equity developed to the
175state and participating financial institutions upon any
176distribution of the assets or excess income of the investment
177corporation.
178     Section 3.  Subsection (2) of section 288.7094, Florida
179Statutes, is amended to read:
180     288.7094  Black business investment corporations.--
181     (2)  A black business investment corporation that meets the
182requirements of s. 288.7102(4)(3) is eligible to participate in
183the Black Business Loan Program and shall receive priority
184consideration by the Office of Tourism, Trade, and Economic
185Development for participation in the program.
186     Section 4.  This act shall take effect July 1, 2008.


CODING: Words stricken are deletions; words underlined are additions.